This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
2/27/2024
/ Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Final Rules ,
Insider Trading ,
Popular ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
White Collar Crimes
Large companies holding sensitive data – including financial services, telecommunications, business process outsourcing, hospitality, and cryptocurrency firms – as well as their IT helpdesks, are increasingly being targeted...more
11/28/2023
/ Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Collection ,
FBI ,
NIST ,
Popular ,
Publicly-Traded Companies ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Business Information
Microsoft is one of the world’s leading technology companies. Its products and technologies are in offices, classrooms, and homes. Additionally, governments use them to help conduct vital public services.
Microsoft is also...more
8/16/2023
/ Artificial Intelligence ,
Banking Sector ,
Human Rights ,
Information Technology ,
Law Enforcement ,
Leadership ,
Machine Learning ,
Manufacturers ,
Microsoft ,
Popular ,
Private Equity ,
Retail Market ,
Risk Assessment ,
Risk Management ,
Supply Chain ,
Technology Sector ,
United Nations
This is the eighth part in our 2023 series examining important trends in white collar law and investigations. Up next: anti-corruption.
The tumultuous crypto events of 2022, combined with the heightened agency and executive...more
3/1/2023
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
Enforcement Actions ,
Financial Markets ,
Legislative Agendas ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Token Sales
As many businesses prepare to renew their insurance policies, considerations of consumer privacy rights ought to be top of mind.
The Colorado Privacy Act -
Scope -
Foley Hoag has previously written about the Colorado...more
12/23/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cyber Insurance ,
Data Protection ,
Enforcement ,
Insurance Brokers ,
Insurance Industry ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Proposed Regulation ,
Renewal Options ,
Sensitive Personal Information
On 12 March 2021, the United Nations Open-ended Working Group (“OEWG”), established by General Assembly Resolution 73/27 and consisting of all United Nations Member States, adopted by consensus its Final Substantive Report on...more
What do businesses need to do to comply with privacy and data security laws? The first place to look is to relevant statutes. If you store or process the personal information of Massachusetts residents, then you will at...more
5/4/2020
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Enforcement ,
Equifax ,
Personal Information ,
Popular ,
Privacy Laws ,
State and Local Government ,
WISP
Shifting how businesses think about privacy.
Let’s stop thinking about privacy policies alone, and let’s start thinking about data governance plans.
For the ordinary business trying to generate revenue and minimize risk,...more
8/27/2019
/ Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Governance ,
Personal Data ,
Popular ,
Privacy Laws ,
Privacy Policy ,
Risk Management
In 2018, privacy and data security crossed a number of thresholds. In the public mind, through high-profile data breaches and revelations about unexpected uses of personal information, questions of privacy became much more...more
4/26/2019
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Energy Sector ,
Enforcement Actions ,
FCC ,
FERC ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Political Advertising ,
Popular ,
Privacy Concerns ,
Securities and Exchange Commission (SEC)
On January 17, 2018, the Massachusetts Securities Division Enforcement Section filed a complaint against the company Caviar and its founder Kirill Bensonoff for violations of the Massachusetts Uniform Securities Act in...more
Unmanned aerial vehicles, or “drones,” as they’re commonly called, touch on numerous hot-button cybersecurity issues. As devices connected to networks, they are important when considering the “internet of things.” As used...more
Introduction -
Cybersecurity was a prominent factor in 2016 in all aspects of government, business and personal affairs. Russian and other foreign national hacking has the potential to spark a new form of cold...more
2/16/2017
/ Cloud Computing ,
Cloud Service Providers (CSPs) ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Cybertheft ,
Energy Sector ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Sharing ,
Internet of Things ,
Popular ,
Ransomware ,
Trade Secrets
Editor’s note: This is the sixth and last in our end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, emerging threats, and energy. See you in...more
In Case You Missed It: The Federal Trade Commission has opened a public comment period to evaluate its Safeguards Rule (16. C.F.R. § 314.3). Under the Gramm-Leach-Bililey Act (GLBA), which regulates financial institutions,...more
The scaffolding of the FTC’s powers in the realm of cybersecurity continues to be built. On Monday, the FTC’s Chief Administrative Law Judge D. Michael Chappell issued an initial decision in the FTC’s closely watched...more
I had the pleasure of moderating an excellent panel at the Advanced Cyber Security Center’s annual conference on November 4. The panel’s topic for discussion was “What is Reasonable in Cybersecurity: Responsibility and...more
11/5/2015
/ Audits ,
Best Practices ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Employee Training ,
Information Technology ,
Popular ,
Risk Management ,
Risk Mitigation
A timely new resource for business executives, technology professionals, and lawyers alike is the newly-published Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers from the New York...more
10/26/2015
/ Board of Directors ,
Corporate Officers ,
Crisis Management ,
Cyber Incident Reporting ,
Cyber Insurance ,
Cyber Threats ,
Cybersecurity ,
Data Breach Plans ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Directors ,
Employee Training ,
Information Technology ,
Personal Data ,
Popular ,
Risk Management ,
Risk Mitigation
Data breaches are crisis moments that business must prepare for in many ways: not just in taking steps at prevention, but also mitigating losses, arranging for business continuity, complying with legal and regulatory...more
10/19/2015
/ Business Continuity Plans ,
Crisis Management ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Privacy ,
Data Protection ,
Data Security ,
Loss Mitigation ,
Popular ,
Public Relations ,
Reputation Management
What makes data privacy law interesting for academics, challenging for lawyers, and frustrating for businesses its shape-shifting structure in the face of rapidly changing technology. The recent change in the invalidation of...more
10/19/2015
/ Administrative Authority ,
Breach Notification Rule ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
FTC v Wyndham ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Popular ,
Unfair or Deceptive Trade Practices ,
US-EU Safe Harbor Framework ,
Wyndham